On the contract the tenant accepted the terms to $200.00 dollar non refundable deposit for her pet and also agreed to have her male cat declawed and neutured which she did not have done and I took her words to faith that it had been done she lived in the apt for 5 years in 5 years time where she had the potty box the cat urinated and sprayed in the area of the potty box area under the vanity where it was located and there was such a smell there when she left . Is a non refundable deposit legal for a pet?

You are confusing the tenant with your terminology. A deposit is refundable by nature. Thus the confusion. A judge may not consider it non-refundable if you call it a deposit. Call it a non-refundable pet fee from now on for the privilege of having a pet. Still, since there was damage, you should deduct the damages from the pet deposit, then from the security deposit to make repairs. It will likely take at least $200 since you will probably have to enzyme clean it, and paint or seal the underside of the cabinets.

Oh, I just saw that you were from CA! Definitely use the pet deposit towards the damages as the courts there are extremely tenant friendly. They will not look upon a non-refundable deposit as such. And you will have to check on the legality of a non-refundable fee for pets there since the laws are so stringent.

Niamh Allan If you charge a DEPOSIT, it is ALWAYS refundable. If you mean for the money to be non-refundable, charge a FEE and state it as non-refundable.__________________Removal Boxes London l London Movers

We do allow pets-- NO aggressive breeds. We charge a $500 per pet refundable deposit ---- 2 dogs=$1000, dog& 2 cats=$1500. We also charge the standard refundable general deposit which varies by the value of the unit. NO variation.

We have generally found that the tenants want to get the deposit back and monitor their pets when there is that large of a deposit. It increases our pool of potential tenants.

Perhaps this is a regional thing? When I was a renter many years ago, I had a cat that got sick and peed on the carpet (in several spots). My renter's insurance covered pet damage and it paid to replace the carpet in the apartment (I had to pay the deductible). I have also had tenants with pets send me proof of renter's insurance that covers pet damage. So far though I've only had 2 tenants with pets and no damage.

So yes Virginia, it does exist, but it might not in all states or by all insurance companies.

Accepting pets in each rental depends on the owner's wishes, on the flooring in the unit, and on the location of the unit. I normally don't accept dogs in upstairs units, large dogs in units with hardwood floors, puppies in units with carpet, etc. Ohio is passing a law saying we can't discriminate based on breed, but we can still say no vicious dogs or dogs larger than xx pounds. In my own units, I often accept pets with deposit or fees.

I normally accept one small dog under 15 lbs. Our one rental home does not have a fenced-in yard, so I feel it is no place for a large dog. Also, cats with claws sometimes damage carpets. We have a $250 non-refundable pet fee to cover cleaning carpet.

Presently I have been having a problem about pets. See my posting under "New Landlords." My topic is "Lease Revision Not Signed."

Having declawed and spayed or neutered cats is a big thing, we have had a lot of problems with cats, I am to the point that I will no longer allow them. Our most recent tennant to move out was allowed a cat, my mother rented the apt to her and allowed the cat, the cat shredded the trim around the bedroom door and the exit door, also the bathroom reeks of urine. From now on no pets or a sizeable pet fee with restrictions.

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